European Communications Law and Technological Convergence. Deregulation,
Re-regulation and Regulatory Convergence in Television and Telecommunications.
(Wolters Kluwer, 2011)
This book presents a critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation. It seeks to identify the patterns that underlie these responses to determine the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. The focus of the analysis is placed on ‘conflict points’ – areas of overlap between regimes – the study of which has been largely neglected.
The PhD thesis on which this monograph is based was awarded the 2011 Jacques
Lassier Prize.
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Manual de Derecho de la Competencia (with L. Ortiz Blanco, Jeronimo
Maillo Gonzalez-Orus and Alfonso Lamadrid de Pablo), Tecnos, 2008
'Market failures, transaction costs and article 101(1) TFEU
case law' European Law Review 2012, 37(5), 541-562.
EU competition law is increasingly informed by economic analysis. However, the tools of this discipline are rarely ever used systematically for positive purposes. This article gives a unifying picture of art.101(1) TFEU judgments based on familiar economic concepts (market failures and transaction costs). It is submitted that a formalisation of case law based on these concepts has greater explanatory power than the prevailing approaches currently found in textbooks and policy instruments. The article shows, first, that the availability of an efficiency explanation for an agreement is the default starting point followed by EU courts when drawing the line between restrictions of competition by object and by effect. Secondly, it explores how market failures and transaction costs influence the analysis of restrictive effects on competition under art.101(1) TFEU . These insights are equally useful to define the scope of art.101(3) TFEU and the relevance of non-economic considerations.
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‘De minimis rule in competition law: An overview of EU and
national case law’ (with Inge Govaere), e-Competitions Special Issue,
April 2012
'Rules of purely sporting interest and EU competition law:
why the Wouters exception is not necessary' Competition Law
International 2012, 8(1), 54-58
Questions the necessity of the approach adopted by the European Court of Justice ruling in Wouters v Algemene Raad van de Nederlandse Orde van Advocaten (C-309/99) in formulating an activity-specific exception to justify sporting rules and arrangements entered into by sports governing bodies that would otherwise have been found to restrict competition by analysing the economics of sporting activities and competition rules. Considers whether it is possible to distinguish between economic and non-economic rules in a sports context.
'On the application of competition law as
regulation: elements for a theory', in Piet Eeckhout and
Takis Tridimas (eds.), Yearbook of European Law 2010
pp. 261-306
'Judicial review in Article 102' (with Jean-Yves Art) in Federico Etro and Ioannis
Kokkoris (eds.), Competition Law and the Enforcement of Article 102
(December 2010)
'The Future of Communications Regulation after Ofcom's Pay-TV
consultation', Utilities Law Review 2010, 18(3), 99-107.
Examines the implications of Ofcom's decision
to allow premium sports channels operated by BSkyB the same
access obligations applied to the "local loop" owned by BT.
Examines when an ex ante intervention is justified in the
communications markets, focusing on the rationale behind the EU
regulatory framework for electronic communications networks and
services and the unintended effects of ex ante intervention.
Considers the legal basis for Ofcom's intervention under the
Communications Act 2003 s.316 and its approach to assessing
anti-competitive conduct. Reviews the definition of "fair and
effective" competition.
'Evolving Priorities and Rising standards: Spanish Law on
Abuses of Market Power in the Light of the 2008 Guidance Paper' (with Luis Ortiz
Blanco), in Lorenzo Pace (ed.), European Competition Law: The Impact Of The
Commission’s Guidance On Article 102, Edward Elgar, 2011
'Article 82 EC as a “built-in” remedy in the system of
Intellectual Property: the example of supplementary protection for
pharmaceuticals in Italy', in Intellectual Property, Market Power and the
Public Interest (2008), Peter Lang, pp. 119-142
'The most appropriate tool for a better targeted State aid
policy' (co-author), in Economic Analysis of State Aid Rules - Contributions
and Limits (2007), Lexxion, pp. 29-67
'Selectivity, Economic Advantage, Distortion of
Competition and Effect on Trade' (co-author), in Economic Analysis of
State Aid Rules - Contributions and Limits (2007), Lexxion, pp. 119-155
'Annotation on Case C-171/05 P, Laurent Piau, (with
Denis Waelbroeck)Common Market Law Review (2006), vol. 43, n. 6, pp. 1743-1756
'Recent Developments on the Invocability of WTO Law in
the EC: A Wave of Mutilation', European Foreign Affairs Review
(2006), vol. 11, n.1, pp. 63-86
'The Revival of Antitrust Law in Argentina: Policy or
Politics?', European Competition Law Review (2006) vol. 27, n.6,
pp. 317-323
